Legal Opinion

United States v. Smallwood

District Court, E.D. Virginia

Decided April 14, 2005No. 1:03CR245Published

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Investigators hired by court-appointed defense counsel seek $6,759 in payment for services rendered in this case, but certain of the investigators’ conduct in the course of the investigation raises a question as to whether the payment request should be denied in whole or in part. Specifically, the investigators recorded a telephone interview with a critical prosecution inmate-witness, without the knowledge or consent of that witness or his appointed counsel. At issue, therefore, is whether an investigator hired by a lawyer must abide by an attorney’s…

2Cases cited9 opinions

  1. United States v. James A. WatsonCourt of Appeals for the Fourth Circuit · 1973
  2. United States v. Gary Dean BooneCourt of Appeals for the Fourth Circuit · 2001
  3. United States v. Leonardo ChavezCourt of Appeals for the Fourth Circuit · 1990
  4. In Re RyderDistrict Court, E.D. Virginia · 1967
  5. Upjohn Co. v. Aetna Casualty & Surety Co.District Court, W.D. Michigan · 1991

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